White, Kline & Co. v. Burnett
Supreme Court of Georgia
White, Kline & Co. v. Burnett, 113 Ga. 151 (Ga. 1901)
38 S.E. 332; 1901 Ga. LEXIS 190
Lewis
White, Kline & Co. v. Burnett
Opinion of the Court
1. Where a petition for certiorari alleged that a justice’s court erred in making a specified decision, and the magistrate’s answer, which upon a traverse thereto was sustained, distinctly averred that no such decision was made, the assignment of error fell to the ground.
2. A justice’s court lias no power, because of error in the rendition of a judgment, to set it aside and grant a new trial; and even if it had, the motion for a new trial in the present case was too vague and uncertain to be regarded as meritorious. Judgment, affirmed.
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